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Law and Gender Commons™

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1999

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Articles 61 - 90 of 136

Full-Text Articles in Law and Gender

The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile Jan 1999

The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile

Michigan Journal of Race and Law

In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.

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Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis Jan 1999

Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis

Seattle University Law Review

This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …

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Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen Jan 1999

Silence Broken: Gebser's New Standard Of School Liability For Title Ix Sexual Harassment, Callie R. Owen

Kentucky Law Journal

No abstract provided.

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Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan Carle Jan 1999

Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan Carle

Feminist Scholarship

INTRODUCTION The overarching question motivating this Review Essay is whether- and, if so, in what ways-we should understand lawyering roles to be gendered. I examine this question by reviewing Kathryn Kish Sklar's recent biography of Florence Kelley, an early "public interest" lawyer and social activist whom Felix Frankfurter described as the woman who had "the largest single share in shaping the social history of the United States during the first thirty years of this century." Sklar's meticulous research provides us with new information about a dimension of Kelley's life that is overshadowed by Kelley's public persona as a social reformer …

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State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond Jan 1999

State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond

UIC Law Review

No abstract provided.

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Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …

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Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams Jan 1999

Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams Jan 1999

Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Tribute To Curt Berger, Joan C. Williams Jan 1999

Tribute To Curt Berger, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams Jan 1999

Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry Jan 1999

Maternal-Fetal Conflicts, The Social Construction Of Maternal Deviance, And Some Thoughts About Love And Justice, April L. Cherry

Law Faculty Articles and Essays

FIRST PARAGRAPH: In the short amount of time that we have together today, I would like to accomplish three tasks. First, I would like to offer a brief overview of what and whom we are talking about when we talk about "maternal-fetal conflicts." Second, I would like to discuss some of the assumptions that are held about the women involved in these "conflicts," with the hope that giving voice to these assumptions might help us better understand why we may be willing to accept the coerced medical treatment of pregnant women, or legal sanctions against pregnant women who refuse treatment …

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Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein Jan 1999

Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

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Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson Jan 1999

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson

Faculty Articles

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …

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Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson Jan 1999

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson

Faculty Articles

My argument proceeds in four parts. Part I situates my discussion of the synergistic relationship among race, class, gender, and sexuality within a broader body of research on the "intersectionality'' of systems of oppression and of identity categories. Part I then examines how my scholarship attempts to advance this literature both substantively and conceptually. Part II expounds my claim that the comparative and essentialist treatment of race and sexuality within pro-gay and lesbian theory and politics marginalizes gay, lesbian, bisexual, and trans­gendered persons of color and constructs and reinforces the notion that the gay and lesbian community is uniformly white …

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The End Of The North Carolina Abortion Fund, Paul Stam Jan 1999

The End Of The North Carolina Abortion Fund, Paul Stam

Campbell Law Review

This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …

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Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson Jan 1999

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson

Buffalo Law Review

No abstract provided.

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Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon Jan 1999

Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon

LLM Theses

This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …

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Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss Jan 1999

Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Rabbinical Council of America (RCA) Prenup for failing to adequately address the power imbalance in Jewish divorce law, particularly the agunah problem, where women are unable to obtain a divorce due to their husbands' refusal to grant a get. While the RCA Prenup aims to mitigate this issue, it ultimately perpetuates existing power dynamics by limiting women's access to secular legal protections. The analysis highlights alternative prenups, such as the RosenZvi Prenup, as more equitable solutions that integrate secular legal safeguards while maintaining the integrity of Jewish law.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1 Jan 1999

Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 6 (1999) Jan 1999

Masthead - Cardozo Women's Law Journal, Vol. 6 (1999)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston

Cardozo Journal of Equal Rights & Social Justice

The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.

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The Ties That Bind, Melissa F. Savage Jan 1999

The Ties That Bind, Melissa F. Savage

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …

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Testimony, Antoinette M. Sedillo Lopez Jan 1999

Testimony, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

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The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur Jan 1999

The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur

Cleveland State Law Review

I am going to talk about three things today: The first is to give you a very brief account of the competing understandings of secularism that have emerged in India. I look at the model of secularism that is being promoted by the Hindu Right and the validation this has received from the electorate, but more importantly, the Supreme Court. Secondly, I will address why the wall of separation does not provide a way out of the crisis of secularism in India and how it has not solved the problem of majoritarianism even in the American context. And finally, how …

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The Imminent Demise Of Interspousal Tort Immunity, Carl W. Tobias Jan 1999

The Imminent Demise Of Interspousal Tort Immunity, Carl W. Tobias

Law Faculty Publications

During the decade of the 1980s, I extensively explored the doctrine of interspousal tort immunity in the United States. I examined the origins and development of the concept; how the notion survived intact in every jurisdiction throughout the nation until 1914; the first successful efforts to abolish immunity during the teens; the slow pace of abrogation in the five decades between 1920 and 1970; and the steady decline of the doctrine thereafter. Indeed, only a small number of states in the country still retain any form of interspousal tort immunity, even though some jurisdictions evince concern about certain issues involving …

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Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston

Journal Publications

In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …

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Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein Jan 1999

Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Despite over two decades of reform, fundamental failures persist in the justice system's response to domestic violence. Society now widely accepts elimination of intrafamily abuse as a crucial goal, and it has been illegal in most states since the late nineteenth century. But the problem remains one of epidemic proportions. As documented in Part I of this Article, battering by husbands, ex-husbands, or lovers is the single largest cause of injury to women in the United States, and accounts for approximately thirty percent of all murders of women. Physical aggression occurs in at least one out of four marriages, and …

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Liberalism And Abortion, Robin West Jan 1999

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …

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And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones Jan 1999

And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones

University of San Francisco Law Review

No abstract provided.

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Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers Jan 1999

Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers

Faculty Scholarship

It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied …

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